Western Australian Consolidated Acts (1) The minimum
conditions of employment extend to and bind all employees and employers and
are taken to be implied —
[(a) deleted]
(aa) in
any employer-employee agreement;
(b) in
any award; or
(c) if a
contract of employment is not governed by an employer-employee agreement
or an award, in that contract.
(2) A provision in, or
condition of, an employer-employee agreement, an award or a contract of
employment that is less favourable to the employee than a minimum condition of
employment has no effect.
(3) A provision in, or
condition of, an agreement or arrangement that purports to exclude the
operation of this Act has no effect, but without prejudice to other
provisions or conditions of the agreement or arrangement.
(4) A purported waiver
of a right under this Act has no effect.
(5) This
section has effect subject to sections 8 and 9(1).
[Section 5 amended by No. 20 of 2002
s. 22(3)-(4); amended in Gazette 15 Aug 2003 p. 3688.]